Yes, tenants can sometimes bring a security deposit case as a class action, but the tenant asking for it has to build a full record. In this case the Appeals Court affirmed the denial of class certification because the tenant did not give the court a transcript of the hearing where the class was denied. This is an unpublished Appeals Court decision under Rule 23.0, which courts may cite as persuasive but not as binding precedent.
What happened
A tenant sued her landlord on behalf of herself and other tenants in the same position. She claimed the landlord broke the security deposit law and her lease. A Superior Court judge denied her motion to certify a class of tenants. After a bench trial on her own claims, a second judge found the landlord violated the security deposit law in several ways. Those included leaving the landlord’s name off the deposit receipt, listing the wrong account number, charging routine cleaning costs against the deposit, printing a required notice in type that was too small, making a wrong deduction for rent, and failing to give a sworn, itemized list of damages. The tenant won a judgment of $45,901.89 in damages, plus interest, costs and attorney’s fees. She then appealed the denial of class certification.
What the court decided
In Tatulli v. AvalonBay Communities, Inc., No. 24-P-157 (Mass. App. Ct. March 7, 2025) (Rule 23.0 decision), the Appeals Court affirmed.
First, the court said the tenant could still appeal even though she won her own case. A named plaintiff whose individual claim is over can still challenge the denial of class status. Gammella v. P.F. Chang’s China Bistro, Inc., 482 Mass. 1 (2019).
Second, the court reviewed the denial for abuse of discretion. Layes v. RHP Props., Inc., 95 Mass. App. Ct. 804 (2019). That is a hard standard to meet. The appeals court will not reverse just because it might have ruled differently.
Third, the court made an important point for tenants. When a landlord has a policy or consistent practice of mishandling deposits, a class action may be a proper way to resolve the claims, as long as the requirements of Mass. R. Civ. P. 23 are met. Those requirements include common questions, claims that are typical of the class, and a representative who will fairly protect the class.
But the tenant lost on the record. The motion judge held a hearing before denying class status, and no transcript of that hearing was in the appeal. The appellant has the burden to provide a record that supports the claim of error, and errors the record does not show are no basis for reversal. Arch Med. Assocs. v. Bartlett Health Enters., 32 Mass. App. Ct. 404 (1992). Without the transcript, the court could not tell why the judge found the tenant failed the commonality, typicality and adequacy requirements.
The tenant also argued she should have been allowed discovery about other tenants. The court found that argument waived. The landlord had moved for a protective order, she did not oppose it, and the record did not show she ever filed a motion asking for class discovery.
What this means for you
The security deposit law, G.L. c. 186, § 15B, has strict rules. A landlord must give proper receipts, hold the deposit in a separate account, and deduct only what the statute allows. Damage deductions require an itemized list sworn under the pains and penalties of perjury. This case shows a court enforcing those rules and awarding the tenant a real recovery.
The lesson is about procedure. If a landlord uses the same forms and the same deduction practices for every tenant, a class case may make sense. But class claims are won or lost on the record. If you ask for discovery about other tenants, you must press for it by motion and oppose a protective order you disagree with. If a judge rules after a hearing, order the transcript before you appeal. A strong argument on appeal means little if the appeals court cannot see what happened below.
What to do now
- Keep every document about your deposit: the lease, receipts, bank notices, and any list of deductions.
- Compare your receipts and deductions with the security deposit law. Missing names, wrong account details and cleaning charges can all matter.
- Talk with other tenants in your building who may have received the same forms or the same deductions.
- If your case is in court, make sure every hearing that matters is recorded and that you order transcripts before any appeal.
- Ask a lawyer early whether your claim fits a class case or is better brought on your own.
If this is your situation, call Doubleday Law at (617) 575-2006 or tell us what happened. Housing Court deadlines are short.
Prior results do not guarantee a similar outcome.
